MUTANGA v MUTANGA 2013 (2) ZLR 103 (H)
Citation | 2013 (2) ZLR 103 (H) |
Case No | Judgment No. HH-247-13 |
Court | High Court, Harare |
Judge | Dube J |
Heard | 18 July 2013; CAV |
Judgment | 24 July 2013 |
Counsel | V Makuku, for the applicant |
Case Type | Chamber application |
Annotations | No case annotations to date |
Flynote
Practice and procedure – parties – "dirty hands" – principle of – spoliation proceedings – self help – party taking law into own hands – possessor in unlawful possession of vehicle – other party may not seize possession of the vehicle otherwise than in accordance with due process of the law – party may not plead in aid "dirty hands" principle in such circumstances
Property and real rights – possession – elements – direct and indirect possession – distinction – agent holding property for limited purpose – not a possessor
Property and real rights – spoliation order – requirements – who is entitled to – agent of possessor – not entitled to remedy on his own behalf – indirect possessor entitled to remedy – defences – possessor's possession illegal – not a defence – gives no right to spoliator to take possession
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